Sacked Apprentice

machine_head

Hi.
My son has been sacked 2yrs into a 3yr gas engineering apprenticeship. There was no warning issued the owner just phoned him to say he was sacked due to his attitude. He did have a couple of meetings about his attitude but nothing was made official, the company didn't follow any disciplinary procedures, there was no verbal or written warnings. There was no problem with his work, he had just passed yr 2 at college but they were making him use his own car to go to site jobs which he complained about as he was using a lot of petrol and his insurance doesn't cover it. It came to a head when he was sent an hour's drive away to help do a job that was also being done 5 mins drive away from home. He did have a few days off due to injuries from playing rugby, including a hospital visit. Those days were booked as holiday days. On the day of his sacking he phoned work to ask for the day off as he had been injured the night before from playing and they said it was ok. An hour later he got the call sacking him. Has he grounds for complaint?


Also, college have told him that if he doesn't get another company to take him on he will lose the 2yrs he has done. Is that true? College also said that if he can get the ex employer to agree that leaving was by mutual consent, he can stay a college but only for 7 weeks. If he doesn't find a placement by the end of that he will have to leave.



It's all a bit of a mess but if his work was fine, he was popular with the other lads, yes he did complain about the petrol /car, was told to wind his neck in, why just get rid and not go through the correct channels?


Any advise/thoughts would be appreciated.

theoretica

If he had been there for more than 2 years I hope he has employment rights - I suggest he consults ACAS


The insurance issue is a bad one - I would expect driving for work without appropriate insurance to be gross misconduct - even if they told him to do it, it is his responsibility to have appropriate insurance on the vehicle.

Savvy_Sue

machine_head wrote: »

He did have a few days off due to injuries from playing rugby, including a hospital visit. Those days were booked as holiday days. On the day of his sacking he phoned work to ask for the day off as he had been injured the night before from playing and they said it was ok. An hour later he got the call sacking him. Has he grounds for complaint?

How many is 'a few' days off for injuries?

The thing is, companies employ people because they have jobs which need to be done. As an apprentice, it may be that failure to turn up at short notice doesn't affect the doing of those jobs too much, but as time goes by it very much DOES affect the company diary, and their interaction with customers.

And this may have been the final straw.

I don't know exactly how employment law works for apprentices, but until you've been there for two years, you can generally be 'let go' for any reason (as long as it is not discriminatory).

I hope he can persuade the employer that it was by mutual agreement, so that he's got some time to find a new employer, but I'd suggest that whatever 'attitude' problems he's been spoken to about, he needs to knock them on the head.

ohreally

Providing he was a bona-fida apprentice, then apprentices have enhanced employment protection.

apprentices are employed for the duration of the apprenticeship, and cant be dismissed until it expires (other than good cause, being under the influence, fighting etc). An apprenticeship differs from a contract of employment in that it is not terminable on notice, and if there are provisions in the agreement which are inconsistent with normal terms then the apprenticeship agreement must prevail

Depending on his status he needs to take advice.

He is a union member?

comeandgo

What organisation runs his apprenticeship, he should have an adviser from there who appraises his work etc. That is the person you need to speak to.

FBaby

Had it been 2 years or almost 2 years, ie. a bit less?

machine_head

Thanks for the varing replies. He was there less than 2 years, the car wasn't an issue until they started sending him to site in it as a van/pick up wasn't available, he's at Leeds building College, he was a bona-fida apprentice and not in a union. Also, the rugby injuries were genuine as I saw them and in one case he ended up in hospital. Maybe he should pack it in. Not holding my breath but many thanks for your time. He has a couple of interviews lined up so fingers crossed.

Savvy_Sue

machine_head wrote: »

Thanks for the varing replies. He was there less than 2 years, the car wasn't an issue until they started sending him to site in it as a van/pick up wasn't available, he's at Leeds building College, he was a bona-fida apprentice and not in a union. Also, the rugby injuries were genuine as I saw them and in one case he ended up in hospital. Maybe he should pack it in. Not holding my breath but many thanks for your time. He has a couple of interviews lined up so fingers crossed.

I'm not doubting that the injuries were genuine. But I repeat: an employer employs people because they have a job which needs doing. Customers contact gas engineers because they have a job which needs doing. These things need to be scheduled. And for that, employees need to be reliable - as in, the employer needs to be able to rely on them to turn up to work. Being well-liked and good at the job doesn't cut it if you're not reliably there doing the job.

machine_head wrote: »

Maybe he should pack it in.

Or maybe he should give up rugby, or play less robustly? Personally I'd encourage him to keep going if he's 2/3 of the way through: the quality of stickability is worth cultivating!

machine_head wrote: »

He has a couple of interviews lined up so fingers crossed.

And I hope you can get somewhere with ohreally's advice. To which I'll add, joining a union is well worth considering!

eamon

You need specialist advice re the apprenticeship issue.



As for the sporting injuries once your son is out of his apprenticeship and starts work proper he needs to be aware that not all employers are generous with employees playing contact sports and then getting injured. He needs to check if his team have insurance policies in place to cover financial loses to players & their employers.

tacpot12

Your son should have claimed mileage from the firm for using his own car. This would cover the fuel and the insurance. It is his responsibility to have insurance covering the use to which he is putting the car. He was driving uninsured and was lucky not to get stopped and fined. Please make sure he understands this.

machine_head

Again, thank you for all the replies they are helpful.

He's had a lot of encouragement from college with options being looked at if he can't find a placement. He deffo wants to finish the course.

His stickability is now over 10 yrs at rugby but I'm gonna have to google playing rugby less robustly lol.